The theme within the present material unfolds is represented by the analysis of the educational legislation, seen in historical context. Therefore, in this material I intend to base a reference study on doctoral studies before, during, and immediately after the communist period in Romania. This material brings a great contribution to the doctrine of the law of institutional education, as such a study, which analyzes the legislative evolution of the Romanian doctoral studies has not yet been done. In chronological order, this study will expose and analyze the innovative or returning elements of old doctoral traditions that have appeared throughout history. The two great representative historical periods are given by the doctoral studies during the Kingdom of Romania, between 1898 and 1948, and those given by the period of the communist regime, between 1948 and 1989. The study wants to present the constant evolutionary thread given by the element of the public defence of the doctorate thesis around which different royal, communist or purely academic interventions have been circumscribed over time to define each decade of doctoral studies in Romania.